RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070009419 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his narrative reason for separation be changed to show that he was discharged as a result of a mental condition.

2.  The applicant states that he was involuntarily separated in accordance with Army Regulation 635-200 due to a physical or mental disorder.  He states that his commanding officer stated that his emotional and/or behavioral dysfunction was of such severity that his ability to perform military duties was impaired.  He states that he was placed on anti-psychotic medications for delusions and hallucinations.  He states that he has a psychiatric, not a medical, condition called schizophrenia.

3.  The applicant provides in support of his application a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214); a copy of his notification of separation, dated 21 September 2004; a copy of his Mental Health Evaluation, dated 16 June 2004; two photocopies of his filled prescription for Olanzapine; and a description of Olanzapine. 

CONSIDERATION OF EVIDENCE:

1.  On 1 April 2002, the applicant enlisted in the Regular Army in Los Angeles, California, for 4 years, in the pay grade of E-2.  He successfully completed his training as an administrative specialist.  He was subsequently promoted to the pay grades of E-3 on 1 February 2003 and he was promoted to the pay grade of E-4 on 1 October 2003.

2.  On 19 February 2004, the applicant was seen at the Department of Behavioral Health, Fort Bragg, after he was referred for a mental status evaluation.  The attending physician determined his behavior was appropriate and cooperative; he was alert and oriented; his mood and affect were good, upbeat and smiling; he had looseness of associations, tangential at times; he had vague persecutory thoughts, denied suicidal/homicidal ideation; and his memory was intact.  His diagnostic findings were Personality Disorder, not otherwise specified with Cluster A traits.  The attending physician determined that the applicant had the mental capacity to participate in board proceedings, and that he was mentally responsible and able to distinguish between right and wrong.  The attending physician also determined that the applicant did not have a psychiatric condition, which would warrant disposition through medical channels; that the applicant's state of emotional and/or behavioral dysfunction was of such 
severity that his ability to perform military duties was significantly impaired; that 

his condition meets the criteria set forth in Army Regulation 635-200, chapter
5-17 for administrative separation; that consideration of chapter 5-13 for a personality disorder may also be appropriate; that his condition existed prior to military enlistment; that psychological testing results were suggestive of a possible delusional disorder; and that he had personality traits which might predispose him to behavioral and/or thought problems.  The applicant was cleared for whatever administrative action deemed appropriate by his command.

3.  Nonjudicial punishment was imposed against the applicant on 14 June 2004, for being drunk while on duty as a Charge of Quarters Runner.  His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay in the amount of $669.00 per month for 2 months, and 45 days of extra duty and restriction.

4.  On 21 September 2004, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5-17, due to other physical or mental disorders.  He acknowledged receipt of the notification on 21 September 2004 and, after consulting with counsel, he opted not to submit a statement in his own behalf.

5.  The appropriate authority approved the recommendation for discharge.  Accordingly, on 29 October 2004, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5-17, by reason of a physical condition, not a disability.  He had completed 2 years, 6 months, and 29 days of net active service.

6.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Chapter 5-17 provides for separation due to other designated physical or mental conditions.  It states, in pertinent part, that commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty.  When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the soldier for a medical examination and/or mental status evaluation in accordance with
AR 40-501.  Command-directed mental status evaluations will comply with paragraph 1-32e.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

7.  Army Regulation 635-5-1 is the authority for Separation Program Designator Codes.  It states that when an individual is assigned a JFV separation code, his/her narrative reason for separation will read "Condition, Not a Disability."
DISCUSSION AND CONCLUSIONS:

1.  It appears that an error was made during the preparation of the applicant’s
DD Form 214 which resulted in the incorrect narrative reason for separation being annotated.

2.  The available records show that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5-17, due to other designated physical or mental conditions.  However, Army Regulation 635-5-1 states that when an individual is assigned a JFV separation code, his/her narrative reason for separation will read "Condition, Not a Disability."  Therefore, his DD Form 214 should be corrected to reflect the proper information.

3.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

___JLP__  __JRM  _  __RTD__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his narrative reason for separation as “Condition, Not a Disability.”




____Richard T. Dunbar____
          CHAIRPERSON



INDEX

CASE ID
AR20070009419
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/DISCHARGE DOCUMENT
2.  191
110.0200/CHANGE REASON 
3.

4.

5.

6.